May 28, 2008
Supremes Split on Retaliation Claims in Cracker Barrel v. Humphries
CBOCS West, Inc. v. Humphries, 2008 WL 2167860, ___ U.S. __ (May 27, 2008), came out in favor of the plaintiff, relying extensively on stare decisis rather than plain text, which, of course, sparked a strong dissent by Thomas and Scalia.
That debate to me is quite interesting, and I strongly disagree with the dissent, which to me shows disrespect for Congress and would continue the social inefficiencies that the past back and forth on what the statute at issue means has already caused. (Read the case - each time the Supremes gave the statute a narrow construction, Congress overruled them.)